Legal Opinion

Kerns v. Graves

California Supreme Court

Decided July 15, 1864PublishedCited by 6 opinions

Appeal from the County Court of the City and County of San Francisco. The facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Rhodes, J.

The appellant obtained judgment against the respondents in a Justice’s Court in San Francisco, on the 26th of October, 1857, and on the 29th of January, 1859, a transcript of the judgment was filed and docketed in the Clerk’s office of that county. On the 23d of December, 1863, an execution was issued by the Clerk to the Sheriff of Sierra County, and this execution was quashed by order of the County Court of San Francisco. The appeal is taken from that order.

The only question presented by the appellant is, whether the Clerk has power to issue an execution upon a…

2Cases cited2 opinions

  1. Young v. RemerNew York Supreme Court · 1848
  2. White v. ClarkCalifornia Supreme Court · 1857

3Cited by6 opinions

  1. Phelps v. McCollamNorth Dakota Supreme Court · 1901
  2. McMann v. Superior CourtCalifornia Supreme Court · 1887
  3. Holton v. SchmarbackNorth Dakota Supreme Court · 1905
  4. Phillips v. NortonSouth Dakota Supreme Court · 1904
  5. Pierson v. DalyMontana Supreme Court · 1914

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